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Property Keyed to Saxer
Mahoney v. Tingley
Facts
Plaintiff agreed to sell residential property to Defendants for $20,250. The parties entered an earnest money agreement, which contained a liquidated damages provision. The provision stated that, if Defendants failed to complete the purchase, Plaintiff could either elect to sue for specific performance or retain the earnest money as liquidated damages. Defendants deposited a total of $200 as earnest money. However, when the transaction was ready for closing, Defendants refused to complete it.Plaintiff eventually sold the property to another party for $19,000. Plaintiff then sued, seeking damages in the amount of $3,141.44, an amount greater than that provided for by the liquidated damages clause.
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